TEXAS — Texas students are returning to the classroom this week as the delta variant rages, causing another surge in COVID cases and hospitalizations, and raising concerns over student and teacher safety. 

What You Need To Know

  • Texas students return back to classrooms this week, however educators are concerned given the recent COVID surge

  • Battle continues in the courts between Gov. Abbott and Texas counties regarding ban on mask mandates

  • Monday, a district judge ruled in favor of Bexar County, allowing San Antonio officials and school districts to require masks indoors

  • Many families protested Abbott’s decision outside his mansion Monday morning

Meanwhile, the battle in the courts continues as Gov. Greg Abbott and local governments clash over mask mandates. 

The Texas Supreme Court weighed in on Sunday, temporarily overruling the lower courts’ decisions that allowed Dallas and Bexar Counties to implement mask mandates in defiance of the governor’s executive order banning them, while also allowing the issue to continue being battled out in court through injunction hearings. 

A district judge ruled in favor of Bexar County Monday, allowing San Antonio officials and school districts to require masks indoors. ​County judges in Travis and Dallas Counties say they are not backing down, and mask mandates in schools are essential to mitigate the surge in cases and hospitalizations across the state. 

“Independent school districts need to have the power to impose mask mandates," said Ayaan Moledina, a rising 7th grade student in Austin ISD. 

With the school year underway, many families and local officials say the governor’s ban on mask mandates puts politics over public health. They protested his decision outside the governor's mansion Monday morning. 

“We are angry that the one thing that is within our control, wearing masks to contain the spread of the virus and requiring everyone else to do so, is being blocked by Governor Abbott," said parent Parisa Fatehi-Weeks. 

“The governor is throwing another piece of red meat out to his base so that he can prepare for an election in a little over a year. That's all this is about," said Ken Zarifis, president of Education Austin. 

Despite the governor’s order, school districts and counties across the state are issuing mask requirements anyway, as the delta variant causes hospitalizations to surge. 

“For us this is not a battle over politics. This is about human beings versus the virus. And we're standing with our local hospitals and school superintendents to protect human life," said Dallas County Judge Clay Jenkins. ​

“I hope the Texas Supreme Court understands that Governor Abbott, frankly, has overreached here, and does not have the power to tell local county judges, local mayors, and, most importantly, local school districts that they cannot protect their students and that we cannot protect kids who are under 12 who can't yet get vaccinated," said Judge Andy Brown, (D) Travis County.

“This has become a political football. And unfortunately, our families, they're in the middle of it, and we'll just keep working our way through it," said Dallas ISD Superintendent Dr. Michael Hinojosa. 

While Abbott has said that wearing a mask should be a personal choice, local officials say more action is needed with hospitals across Texas near or over capacity. 

“Last year the enemy was the virus, and this year the enemy is our inability to do what it takes to keep each other safe," said Austin Mayor Steve Adler. ​

In a statement to Spectrum News 1 sent Monday afternoon, a spokesperson for Abbott said, “Governor Abbott’s resolve to protect the rights and freedoms of all Texans has not wavered. There have been dozens of legal challenges to the governor’s executive orders—all of which have been upheld in the end. The Supreme Court of Texas—the highest court in the state—made it clear this weekend that local courts are overstepping with their restraining orders to allow mask mandates, and we look forward to them upholding the rights of Texans.”​

The governor’s office has not responded to our request for an updated statement since the Bexar County ruling.